The Implications of Protecting Agricultural Land – An Overview of the 2025 Regulations
New rules are reshaping how agricultural land in Malta is managed and protected. From mandatory registration to cultivation duties and state oversight of idle land, the 2025 Regulations introduce major obligations for landowners and farmers.
Legal Notice 150 of 2025 introduces the Protection of Agricultural Land Regulations. The scope of these Regulations is to establish measures and processes to safeguard agricultural land from damages, to promote agronomic viability and to establish the minimum agronomic measures required to ensure that agricultural land is maintained adequately for agricultural purposes; but what does it mean for land or title owners of agricultural land?
The Regulations impose several obligations on farmers and valid title holders (including owners or possessors) of agricultural land, where non-adherance will lead to criminal fines and state intervention to redistribute the land by leasing it to third parties.
i. Compulsory Register and Crop Plans
The Regulations provide that every farmer or valid title holder, must register their agricultural land with the director responsible for agriculture. For the purposes of these Regulations, agricultural land means any land outside the limits of a development zone boundary according to development planning laws, plans and policies, that can support an agriculture activity including the growing of crops, flowers, fruit trees or vines for related agricultural purposes, including the erection of glasshouses, cloches or cold frames.
Farmers who already carry out agricultural activity must register their activities within 6 months from the coming into force of these Regulations. Upon registration, the farmer or landowner must also submit a crop plan describing the crops to be cultivated in one whole agricultural year, spanning from the 1st of September to the 31st of August.
This crop plan requirement means that a record will be kept of what each plot is used for or intended to grow, enhancing oversight. The responsible director for agriculture may also issue instructions relating to the crop plan.
Registration is not guaranteed. Indeed, the director may refuse an application. This raises many questions, predominantly: on which grounds can the director refuse an application? It is also crucial to note that registration does not in any way mean that a person can claim title over the land, in fact the Regulations clearly states that registration “shall not grant, recognise or confirm any personal or real rights”. Moreover, such registration is without prejudice to competing third-party claims. This registration is in fact comparable to the registration system operated by the Agriculture and Rural Payments Agency where farmers could register their activity for the purposes of receiving EU funding, albeit for a different purpose to these Regulations.
ii. Carry out Minimum Cultivation
The Regulations impose a duty to safeguard land forming part of an agricultural holding from any threats and damages which may endanger the natural production potential of such agricultural land. A farmer or valid title holder cannot degrade soil or render land unsuitable for farming and is prohibited from mixing soil with stones or material which leads to the deterioration of the quality of the soil or covering that same soil. Using heavy machinery on waterlogged fields or building non‑agricultural structures (unless approved by a planning permit) are all prohibited.
These measures establish a clear standard of stewardship: farmland must be kept in a condition suitable for agriculture and free from long‑term obstruction or degradation. Notably, even without a planning permit breach, a farmer or title holder who, for example, concrete over a field or leaves a boat there for months can now be directly sanctioned under this Regulations.
Moreover, the farmer or title holder have an obligation to carry out the minimum level of agricultural activity as outlined under the EU Common Agricultural Policy (CAP). In this regard it is interesting to note that the Legal Notice only makes a brief reference to the “minimum level of agricultural activity according to the Common Agricultural Policy of the European Union” and then provides that land must remain fit for cultivation and be tilled at least once a year. Permanent crops, such as orchards or vineyards, must be kept in good condition rather than simply left unmanaged. Such conditions however do not apply if agricultural land is planted with wild species of plants as part of an agri-environmental measure financed through national or European Union funds.
The Regulations allow for certain exemptions in cases where it is proven that registration cannot take place or the minimum level of agricultural activity cannot take place. No further insight is given on how the former exclusion will be determined.
iii. Limit Non-Agricultural Use and Speculative Advertising
The Regulations allow for the use of agricultural land for non‑agricultural purposes as long as this does not interfere with the minimum level of required agricultural activity, such as annual cultivation. Effectively, incidental leisure use is tolerated if temporary and reversible, but the primary character of the land must remain agricultural.
It is now also illegal to advertise agricultural land for sale in a way that suggests its use will be non-agricultural. Regulation 10 flatly states: “Any advertisement promoting the sale of agricultural land for purposes other than agriculture is prohibited.” Both sellers and advertisers risk enforcement action and prosecution for breaching this ban.
iv. Corrective Actions and Fines
Authorized officers (from the Agriculture Directorate or delegated persons) are vested with inspection and enforcement powers, allowing officers to enter land, inspect, and ensure compliance.
A formal warning letter may be sent to the farmer or title holder outlining the observed default and citing the legal basis and specifying corrective measures and a deadline for the person to remedy the situation. The warning notice effectively gives the farmer or title holder an opportunity to comply without immediate prosecution.
The relevant person may also face corrective actions and where there is failure to comply, they may be found guilty of an offence.
Acting in violation of these Regulations becomes a criminal law matter as it is the Court of Magistrates as a Court of Criminal Judicature which will determine the person’s culpability. A fine (multa) ranging between €500 to €2,500 will be imposed on first conviction; for subsequent convictions, the fine (multa) will range between €1,500 up to €11,000 or else it will be calculated based on the profit made by the offender, whichever is higher. Where the fine is calculated on the profit made, this is capped at five times of the value of that profit. Obstructing individuals in adhering to the Regulations or aiding and abetting an individual in violating such Regulations will also attract the same fines.
v. State Stewardship of Unregistered Land
A key feature of the new Regulations, and potentially the most controversial, is the mechanism for dealing with unregistered or abandoned agricultural land. If a parcel is not registered within the required timeframe, the director responsible for agriculture, may affix a site notice and publish it in the Government Gazette, calling on anyone with an interest to come forward within three months to register the land per these Regulations. If no valid claim is made, the land is registered in the name of Riżorsi Agrikoli Malta (RAM), a state agency, which assumes possession and may allocate the land for agricultural activity.
This does not impact title and the title holder can reclaim the land at the end of the agricultural year in which their registration is accepted. To do so, the owner must reimburse RAM for costs incurred during stewardship, including administrative, legal, fiscal and improvement expenses, and settle any outstanding fines or fees. Owners who show it was impossible to register earlier and commit to farming the land may also recover rental income earned by RAM during the period of stewardship, net of expenses.
What are the practical implications of these Regulations?
Government has taken a strong approach based on long-term sustainability and the fundamental need for Malta to continue producing its food, however at a first glance these Regulations limit how private owners may use their property and even dispose of it, for instance land cannot be sold for recreational purposes.
Farmers or title holders cannot leave their fields idle, nor unregistered. They cannot utilise agricultural land to the detriment of its agricultural use. For many absentee owners or those unable to farm, this may be quite burdensome, effectively forcing them to engage in agricultural activity or risk losing possession over their property, with the burden to deregister such land from the State lying with the title holder.
It will be curious to see how issues pertaining to registration will play out in cases where land has been leased out for multiple generations and possession lies with the farmer not the landowner. Thus, while the Regulations do not grant title or resolve ownership disputes, they are silent on how conflicting registrations will be handled. It is entirely possible for both a landowner and a farmer with some form of lease or informal arrangement to attempt to register the same plot. The law does not specify whose claim takes precedence, or whether registration by one party automatically overrides or suspends the other’s claim. This is significant because the act of registration triggers compliance obligations and may determine who controls the use of the land under the new Regulations.
Anyone who feels aggrieved by a decision of the responsible director has a right to appeal such decision, however such appeal must be filed within twenty (20) days from the service of the decision. The applicable forum in this case is the Administrative Review Tribunal.
A more practical issue is the way in which RAM is going to determine which land has been left unregistered. In practice, the Maltese Islands do not currently mandate compulsory land registration with the Land Registry. Moreover, past deeds of transfer of land did not necessarily include site plans, creating real issues pertaining to boundaries. Determining which of the defined agricultural land has been left unregistered, may also be an issue in itself.
As to the legal questions which arise with the matter of RAM taking over the unregistered land, the Maltese Government has taken the approach of acting as a sort of land custodian managing the land as a bonus paterfamilias, although monies generated from the land itself may not always pass onto the titleholder if they manage to claim registration. A comparison may be drawn with requisition orders, where empty properties were allocated to new tenants. In this case these Regulations do not detail which third-parties may benefit from the use of agricultural land taken over by the State.
Furthermore, the exemption to register the land raises several on how such exemptions will be determined. Will exemptions be readily granted in cases such as an owner’s physical incapacity, pending inheritance disputes, or land that is marginal and unsuitable for cultivation? Whilst a certain element of discretion is required for sui generis cases, a too liberal approach may risk not only undermining the purpose of the Regulations but may give rise to unequal treatment between individuals in comparable situations.
Concluding Remarks
The Protection of Agricultural Land Regulations, 2025, marks a decisive shift in how Malta treats its scarce farmland. The legislation signals a move away from passive ownership and speculative use toward active cultivation and stewardship. By imposing registration, crop plans, cultivation requirements, and soil protection standards, the law seeks to safeguard agricultural land as a resource of national importance.
The Maltese legal system is no stranger to contentious issues relating to land ownership and use, our courts have dealt with a multitude of constitutional cases concerning agricultural leases. Property laws have many a times failed to pass the right to property law test pursuant to article 37 of the Maltese Constitution and Article 1 of Protocol 1 of the European Convention on Human Rights. Whilst in this case an argument for public interest ensues, one is yet to see the working effects of these Regulations.
These Regulations will come into force within two (2) months from their publication in the Government Gazette, except for Regulation 9 relating to unregistered land which will come into force within one year.
How Can AE Help
Keeping up with changes in property and land registration laws can be challenging. At AE Legal, we provide practical, up-to-date guidance to stay compliant. Whether you need advice on the proposed legislative introductions or support in reviewing your current policies, our team is here to help. Contact us today for a consultation.
